The Independent Commission for Reconciliation and Information Recovery (Biometric Material) Regulations 2024

Designation and retention of biometric material

3.—(1) The following collections of biometric material are designated for the purposes of section 35 of the Act—

(a) biometric material taken in Northern Ireland, and

(b) biometric material taken in England and Wales or Scotland from persons who were arrested for, or convicted of, an offence under any of the following Acts during the period beginning with 1st January 1966 and ending with 10th April 1998—

(i) the Explosive Substances Act 1883(1);

(ii) the Prevention of Terrorism (Temporary Provisions) Act 1974(2);

(iii) the Prevention of Terrorism (Temporary Provisions) Act 1976(3);

(iv) the Prevention of Terrorism (Temporary Provisions) Act 1984(4), and

(v) the Prevention of Terrorism (Temporary Provisions) Act 1989(5).

(2) Where the destruction provisions(6) would otherwise require biometric material in the collections designated under paragraph (1) to be destroyed, that material—

(a) must not be destroyed in accordance with those provisions, and

(b) must be retained until it is destroyed in accordance with these Regulations.

(1)

1883 c. 3 (46 and 47 Vict).

(2)

1974 c. 56; this Act was repealed by section 18(1) of the Prevention of Terrorism (Temporary Provisions) Act 1976 (c. 8).

(3)

1976 c. 8; this Act was repealed by section 18(1) of the Prevention of Terrorism (Temporary Provisions) Act 1984 (c. 8).

(4)

1984 c. 8; this Act was repealed by Schedule 9 to the Prevention of Terrorism (Temporary Provisions) Act 1989 (c. 4).

(5)

1989 c. 4; this Act ceased to have effect by virtue of section 2(1)(a) of the Terrorism Act 2000 (c.11).

(6)

See the definition of “destruction provisions” in section 35(4) of the Act.